P L FLETCHER AND M E FLETCHER (AS TRUSTEES OF THE P L & M E FLETCHER FAMILY TRUST) V P A HULL AND B A HULL AND ANOR HC WHA CIV-2009-488-000762

P L FLETCHER AND M E FLETCHER (AS TRUSTEES OF THE P L & M E FLETCHER FAMILY TRUST) V P A HULL AND B A HULL AND ANOR HC WHA CIV-2009-488-000762

Defendants failed to settle and plaintiffs validly cancelled the contract, but summary judgment on liability was inappropriate because quantum and counterclaim issues remain that require a full hearing; accordingly the court issued case management directions, reserved costs on the plaintiffs' summary judgment application, and made a limited costs order in favour of the second defendant for filing its notice of opposition only.

Citation
openlaw-fcf02687_5f24_4577_9c1c_1b4755c7e838.pdf
Parties
Plaintiffs: P L Fletcher and M E Fletcher (as trustees of the P L & M E Fletcher Family Trust); First Defendants: P A Hull and B A Hull; Second Defendant: Falls Road Properties Ltd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 April 2010
Procedural Posture
Sale and Purchase of Land; Contract Dispute; Summary Judgment Application / Application for Summary Judgment; Case Management Directions Issued; Conference Set 19 July 2010
Outcome
Summary judgment on liability not entered; plaintiffs' summary judgment application declined insofar as final relief was sought; case management directions issued; costs reserved on plaintiffs' summary judgment application; second defendant awarded limited costs for filing notice of opposition only.
Legal Topics
Summary Judgment, Cancellation of Contract, Settlement Notice, Deposit, Counterclaim, Jurisdiction of Associate Judge
Contract Law Civil Procedure Property Law Costs Summary Judgment Cancellation of Contract Settlement Notice Deposit +2 more

Case Brief

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Parties

P L Fletcher and M E Fletcher (as trustees of the P L & M E Fletcher Family Trust)

Plaintiffs

P A Hull and B A Hull

First Defendants

Falls Road Properties Ltd

Second Defendant

Procedural Posture

Sale and Purchase of Land; Contract Dispute; Summary Judgment Application / Application for Summary Judgment; Case Management Directions Issued; Conference Set 19 July 2010

Legal Issues

  1. 1 Whether defendants' failure to settle entitled vendors to cancel the contract
  2. 2 Whether summary judgment on liability can be entered where quantum remains contested
  3. 3 Whether payments made by defendants constitute over-payment actionable by counterclaim

Ratio Decidendi

Defendants failed to settle and plaintiffs validly cancelled the contract, but summary judgment on liability was inappropriate because quantum and counterclaim issues remain that require a full hearing; accordingly the court issued case management directions, reserved costs on the plaintiffs' summary judgment application, and made a limited costs order in favour of the second defendant for filing its notice of opposition only.

Court Disposition

Summary judgment on liability not entered; plaintiffs' summary judgment application declined insofar as final relief was sought; case management directions issued; costs reserved on plaintiffs' summary judgment application; second defendant awarded limited costs for filing notice of opposition only.

Orders

  • Within 10 working days plaintiffs to file and serve any amended statement of claim
  • Within 10 working days first defendants to file any counterclaim they wish to issue